Who is liable for damage to a vehicle that is placed on consignment at a independent used car lot?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Who is liable for damage to a vehicle that is placed on consignment at a independent used car lot?

Either damage meaning: vandalism, storm damage, or car accident by customer interested in vehicle.

Asked on July 27, 2011 Oklahoma

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

If there is a written contract between the owner of the vehicle consigned and the company accepting it for consignment, read the terms and conditions of the agreement in that its terms set forth the obligations of the parties to each other as to percentage of sale and damages sustained to the vehicle while on the lot.

Its terms will define who would be responsible for any damages sustained to the vehicle.

If there is no language as to responsibility for damages, you would bear the burden of proving that the company having the car in its possession was negligent in order for it to pay any damages suffered by the vehicle.

In all likelihood, if there is a written agreement fo placement of the car at the lot, the lot's owner will disclaim any liability for damages to it while there. If that is in the agreement, you are on the hook fo the damages unless you can show that an employee of the used car lot purposefully caused the damages or a third party caused the damages to the car.

Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption